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Can a Consumer Prevail in an FCRA Case Without Actual Damages? - McGlinchey Commercial Law Bulletin - November 16, 2023

Oral Contract claims- Scott v. First Choice Auto Clinic, Inc., 10th Dist. Franklin No. 2023-Ohio-3855. In this appeal, the Tenth Appellate District affirmed in part and reversed in part the trial court’s decision to...more

Third Circuit Adopts “Reasonable Reader” Standard for Credit Report Accuracy

You are likely aware that the Fair Credit Reporting Act (FCRA) 15 USC 1681 et. seq. requires furnishers of information to report the information accurately. Recently, several payment rating/account status cases have been...more

What Is The Proper Measure Of Damages For Breach Of An Implied Warranty For Non-Conforming Goods? - Bullet Point October 7 2021

The Bullet Point is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand the Bullet Point from its previous coverage of Ohio case...more

Is The TCPA Constitutional? - The Bullet Point: A Commercial Law Bulletin

The Bullet Point is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand the Bullet Point from its previous coverage of Ohio case...more

Credit Reporting and COVID: What did the CARES Act change? [More with McGlinchey Ep. 5] [Audio]

Under the CARES Act, borrowers must be affected by COVID-19 and receive an “accommodation” for their creditors to be subject to new FCRA reporting obligations. However, the CARES Act does not explain how the consumer needs to...more

CFPB Statement Clarifies Credit Reporting And CARES Act

On April 1, 2020, as the nation was in the beginning stages of its COVID-19 shutdown and companies, including financial institutions, encountered operational challenges, the CFPB released a statement on supervisory...more

CFPB CARES Act Nuance: Comment Code Alone Does Not Cut It

On Tuesday, the Consumer Financial Protection Bureau issued a Bulletin entitled Consumer Reporting FAQs Related to the CARES Act and COVID-19 Pandemic. The CFPB’s Bulletin reminds creditors that compliance with the Fair...more

FCRA Enforcement and the CARES Act

On March 27, 2020, the President signed the Coronavirus Aid, Relief and Economic Security Act (CARES Act). Amongst its many provisions is an amendment to the Fair Credit Reporting Act, 15 U.S.C. § 1681 (FCRA) that adds...more

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